Subject of Dispute: Return of a Minor Child to the Permanent Place of Residence in the United Kingdom of Great Britain and Northern Ireland.
Main Arguments of the Court:
1. The Court emphasized that clarification of a court decision cannot alter the essence of the decision or establish a new procedure for execution.
2. The issue of determining the method of executing a court decision falls within the competence of the court of first instance, not the appellate or cassation court.
3. An application for clarification of a court decision may only relate to clarifying unclear parts of the decision, but not to changing its content or execution procedure.
Court Decision: The Supreme Court partially satisfied the cassation complaint, modifying the reasoning part of the appellate court’s ruling while leaving its operative part unchanged.
